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Immigration Practice Resources

Search immigration practice advisories, sample filings, manuals, brief banks, and government guidance from trusted practitioner sources.

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Immigration court deadline 606 Asylum merits package 93 Motions, stays, and pretermission 133 Bond, detention, and habeas 79 BIA, PFR, and federal court 447 USCIS and AAO appeals 209 Crim-imm screening 151 VAWA, U, T, and survivor relief 190
Topic: Crimes and categorical approach Clear

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Showing 1-12 of 135 resources.

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National Immigration Project Practice advisory Feb 27, 2026

Crim-Imm Case Law Updates 2025

The Board of Immigration Appeals (BIA or Board), the U.S. Courts of Appeals, and the Supreme Court have issued many decisions in the past year that implicate the rights of noncitizens. This resource is designed to help immigration practitioners familiar with the categorical approach stay current on significant case law developments over the past year at the intersection of immigration and criminal law. This resource begins with an overview of notable case law developments before the BIA, the U.S

Crimes and categorical approach BIA appeals BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Feb 10, 2026

California Penal Code § 245(a) is not a Crime of Violence

On January 13, 2026, the Ninth Circuit issued an en banc decision holding that a violation of California Penal Code § 245(a)(1) (assault with a deadly weapon) is not a crime of violence. United States v. Gomez, No. 23-435 (9th Cir., Jan. 13, 2026) (en banc). After this decision, no conviction for PC § 245(a)(1) can be an aggravated felony. For criminal defenders, the best practice is to avoid a PC § 245(a)(1) conviction until the timeline for certiorari on Gomez has expired—the ninety-day period

Crimes and categorical approach Adjustment of status Court of appeals Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 3, 2025

Immigration Consequences of Prop 36 and Other New California Offenses: Part One, Controlled Substance Offenses

This advisory discusses the immigration consequences of a conviction for a controlled substance offense under California Prop 36, specifically Cal. H&S Code § 11395. This advisory explains the immigration consequences of a criminal plea to a Prop 36 controlled substance offense. It outlines criminal defense strategies for defenders to avoid these pleas and outlines removal defense strategies for immigration practitioners where the plea cannot be avoided.

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory May 20, 2025

Gonzalez v. ICE Advisory for Criminal Defense Attorneys

Step by step explanation for criminal defense counsel of how to identify ICE detainers that may be issued in violation of the Gonzalez v. ICE class action. This class action settlement applies nation-wide to limit ICE’s issuance of detainers. This advisory walks through the basics of the case and how to monitor and respond to any violations of the settlement.

Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory May 14, 2025

Discussing Registration with Clients

On April 11, 2025, the new Form G-325R took effect as a general tool to register all previously unregistered noncitizens under an antiquated and rarely invoked provision of the Immigration & Nationality Act, with criminal penalties for willful failure to register. This advisory was written to assist attorneys in discussing registration and the new Form G-325R with clients, including screening for prior registration and assessing the potential consequences of registering or not registering, so th

Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 24, 2025

Using Indirect & Bystander Victim Theories to Expand U Visa Eligibility for Families

Eligibility for U Nonimmigrant Status, commonly known as the “U Visa,” hinges on whether the applicant has been the “victim” of a qualifying crime. The regulations implementing the U visa statute contemplate three categories of “victims” who may qualify for the U visa: direct, bystander, and indirect victims. This practice advisory provides a basic overview of the requirements for U nonimmigrant eligibility. It then discusses the definition of “victim” and three different ways to qualify as a vi

Crimes and categorical approach Consular practice VAWA / U / T Cross-forum Direct PDF
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National Immigration Project Practice advisory Jan 16, 2025

Practice Advisory on Returning Lawful Permanent Residents and Crimes

Being a lawful permanent resident (LPR) of the United States carries important benefits, including the right to live and work in the United States and the ability to apply for U.S. citizenship after certain requirements are met. However, in some situations an LPR’s travel outside of the United States, even for a brief trip, can jeopardize their status and its attendant benefits. One of these situations is where the LPR has committed certain criminal offenses, even though the offense may be minor

Crimes and categorical approach Adjustment of status Naturalization Cross-forum Direct PDF
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National Immigration Project Practice advisory Dec 16, 2024

Crim-Imm Case Law Updates 2024

This resource is designed to help immigration practitioners stay current on significant case law developments over the past year in the intersection of immigration and criminal law. It begins with an overview of notable case law developments before the BIA and the United States Courts of Appeals. This is followed by case summaries of all published Board of Immigration Appeals decisions addressing this area of law in 2024, along with a curated list of case summaries from the United States Courts

Crimes and categorical approach BIA appeals BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Sep 24, 2024

Overview, Tips, and Considerations When Applying for Keeping Families Together Parole in Place for Spouses and Stepchildren of U.S. Citizens

This practice advisory describes the new “Keeping Families Together” parole in place process for certain spouses and stepchildren of U.S. citizens including what exactly is it and what you get if approved. It also details the eligibility requirements and application process as well as addressing some of the more “in the weeds” issues such as if the USC spouse is deceased, common law marriages, the different presumptions that apply depending on the applicant’s criminal history or if they have an

Detention / bond Crimes and categorical approach Family-based practice Cross-forum Direct PDF
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National Immigration Project Practice advisory Sep 17, 2024

Supreme Court Roundup: What Immigrants’ Rights Legal Representatives Should Know from the October 2023 Supreme Court Term

This roundup summarizes cases from the Supreme Court’s October 2023 term (through June 2024) that are potentially relevant to lawyers representing noncitizens, be it in immigration matters, criminal defense, or civil litigation under the Administrative Procedure Act or the U.S. Constitution.

Removal defense Crimes and categorical approach Evidence and procedure Cross-forum Direct PDF
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National Immigration Project Practice advisory Jun 13, 2024

Practice Advisory: Representing Immigrant Clients Affected by the Racial Bias of the Criminal Legal System: Mitigating the Effect of Past Racial Bias When Seeking Discretionary Relief and Bond

This practice advisory, along with the accompanying report, Bias in the Criminal Legal System: A Report Aggregating Social Science Research and Reporting on Racial Bias in the Criminal Legal System, and template brief , provides a framework for you to make legal arguments and introduce evidence during your client’s immigration court proceedings if they are seeking discretionary relief or requesting bond. You can use this advisory and the accompanying report to argue that the immigration judge sh

Detention / bond Crimes and categorical approach BIA appeals Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 18, 2024

California U Visa Law Update

Law enforcement agencies in California have been responding to requests for U visa certifications for many years to allow immigrant survivors of crime and their family members to apply for U nonimmigrant status. However, until 2016 there was no statewide standard or protocol for certifications. Several bills have passed in the meantime to further streamline the process. Most recently, AB 1261 was signed into law in October 2023 and went into effect on 01/01/2024. The Immigrant Legal Resource Cen

Crimes and categorical approach Family-based practice Consular practice Cross-forum Direct PDF
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